Title 36 — Title 36
0 chapters · 603 sections in this title.
O.C.G.A. § 36-82-4 Action for collection of bonds by holders
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When the bonds become due, the owners thereof, if necessary, may enforce their collection by action in the proper court. History. — Ga. L. 1878-79, p. 40, § 5; Code 1882, § 508m; Civil Code 1895, § 381; Civil Code 1910, § 444; Code 1933, § 87-205.
O.C.G.A. § 36-82-40 Authorization and procedure generally
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The holder of any outstanding bond or bonds of any county, municipality, or political subdivision in this state issued subsequently to the adoption of the Constitution of 1877, the validating of which is not otherwise provided for by Code Sections 36-82-1 through 36-82-6 and Part…
O.C.G.A. § 36-82-41 Furnishing of indemnity bond by holder
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The holder of any bond or bonds described in Code Section 36-82-40 who desires to have the same validated shall first enter into an obligation with sufficient security to indemnify the county, municipality, or political subdivision issuing the bond or bonds desired to be validate…
O.C.G.A. § 36-82-44 Hearing and judgment; parties to proceedings; appeal
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Within the time prescribed in the order or such further time as he may fix, the judge of the superior court shall proceed to hear and determine all questions of law and fact in the case and shall render judgment thereon. Any citizen of this state who is resident in the county, mu…
O.C.G.A. § 36-82-45 Effect of judgment of validation
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If no appeal is filed within the time prescribed by law or if an appeal is filed and the judgment is affirmed on appeal, the judgment of the superior court confirming and validating the bonds shall be forever conclusive upon the validity of the bonds against the county, municipal…
O.C.G.A. § 36-82-46 Applicability of Code Sections 36-82-22 and 36-82-25
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Code Sections 36-82-22 and 36-82-25, providing for a notice of proceeding to validate and proof of validation, are made applicable in all proceedings to validate bonds under Code Sections 36-82-40 through 36-82-45. History.
O.C.G.A. § 36-82-47 Payment of costs of proceedings
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All the costs of the proceedings shall be paid by the holder or holders requesting the validation of the bonds. History. — Ga. L. 1908, p. 72, § 8; Civil Code 1910, § 460; Code 1933, § 87-408.
O.C.G.A. § 36-82-5 Destruction of unsold bonds
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When any county, municipality, or political subdivision of this state has issued bonds under the authority of Article IX, Section V, Paragraph I, II, or III of the Constitution of Georgia and laws passed in pursuance thereof and when, after the bond issue is authorized and the bo…
O.C.G.A. § 36-82-60 Short title
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This article may be cited as the ‘‘Revenue Bond Law.’’ History. — Ga. L. 1937, p. 761, § 1; Ga. L. 1957, p. 36, § 1.
O.C.G.A. § 36-82-61 Definitions
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As used in this article, the term: (1) ‘‘Governing body’’ means the board, commission, council, or other local legislative body of a governmental body. 1258 36-82-61 (2)(A) ‘‘Governmental body’’ means any school district, county, or municipal corporation of this state. (B) The te…
O.C.G.A. § 36-82-66 Governmental liability for payment of bonds; recitation on bond
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Revenue bonds issued under this article shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, nor shall the governmental body issuing the same be subject to any pecuniary liability thereon. No holder or holders of any such bond…
O.C.G.A. § 36-82-68 Powers and duties of receiver generally
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(a) The receiver appointed under Code Section 36-82-67, directly or by his agents and attorneys, shall forthwith enter into and upon and take possession of the undertaking and each and every part thereof. If the court so directs, the receiver may exclude the governmental body, it…
O.C.G.A. § 36-82-7 Authorized investments for bond proceeds
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The proceeds of any bonds issued by any county, municipal corporation, school district, or other political subdivision of this state or any portion thereof or any authority or other public body corporate and politic created under the Constitution or laws of this state may, from t…
O.C.G.A. § 36-82-70 Supervision of receiver by court
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The receiver appointed under Code Section 36-82-67 shall, in the performance of the powers conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed…
O.C.G.A. § 36-82-71 Surrender of receivership upon cure of default
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Whenever all that is due upon the revenue bonds and interest thereon and upon any other notes, bonds, or other obligations and interest thereon having a charge, lien, or encumbrance on the revenues of the undertaking and under any of the terms of any covenants or agreements with …
O.C.G.A. § 36-82-72 Short title
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Definitions. Powers as to undertakings and revenue bonds generally. Adoption of resolution authorizing undertaking and issuance of revenue bonds. Issuance of revenue bonds generally; form; terms; signatures; interim receipts; negotiability; nontaxability. Covenants in resolution …
O.C.G.A. § 36-82-73 Proceedings for validation of revenue bonds generally
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All revenue bonds issued under this article shall be validated in the superior court in the manner set forth in Code Sections 36-82-74 through 36-82-83. History. — Ga. L. 1937, p. 761, § 9; Ga. L. 1982, p. 3, § 36.
O.C.G.A. § 36-82-76 Notice of hearing on validation
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Prior to the hearing of the case, the clerk of the superior court of the county in which it is to be heard shall publish, once during each of the two successive weeks immediately preceding the week in which the hearing is to be held, a notice to the public that on the day specifi…
O.C.G.A. § 36-82-77 Cottrell v
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Atlanta Dev. Auth., 297 Ga. 1, 770 S.E.2d 616 (2015). No right to jury trial. — Bond validation proceeding is not one of class of cases, either in terms or by analogy, in which jury trials have ever existed as a matter of right; and it does not fall within Ga. Const. 1945, Art. V…
O.C.G.A. § 36-82-78 Effect of judgment of validation
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If no appeal is filed within the time prescribed by law or if an appeal is filed and the judgment is affirmed on appeal, the judgment of the superior court confirming and validating the issuance of the bonds and the security therefor shall be forever conclusive against the govern…
O.C.G.A. § 36-82-8 Deduction of sinking fund in computing bonded indebtedness
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All amounts collected and held in a sinking fund pursuant to Article IX, Section V, Paragraph VI of the Constitution of Georgia, irrevocably pledged and appropriated to the retirement of the outstanding bonded indebtedness for which they are collected, which can be legally used f…
O.C.G.A. § 36-82-80 Payment of costs of proceedings
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The cost of the case shall be paid by the governmental body desiring to issue the bonds. History. — Ga. L. 1937, p. 761, § 16.
O.C.G.A. § 36-82-83 Validation of revenue bonds of certain hospital authorities
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When a hospital authority created and operating under Article 4 of Chapter 7 of Title 31, the ‘‘Hospital Authorities Law,’’ is authorized to confirm and validate revenue bonds in accordance with the procedures of this article, and such an authority is located in more than one cou…
O.C.G.A. § 36-82-84 Applicability of article to common carriers of passengers for hire
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Wherever applicable, this article shall apply to public common carriers of passengers for hire. History. — Ga. L. 1957, p. 453, § 2. 1287 T.36, C.82, A.4 36-82-85. Construction of article generally; applicability of certain other provisions of law. The powers conferred by this ar…
O.C.G.A. § 36-83-1 Short title
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This chapter shall be known and may be cited as the ‘‘Local Government Investment Pool Act.’’ History. — Ga. L. 1980, p. 1715, § 1. 36-83-2. Legislative findings; purpose of chapter.
O.C.G.A. § 36-83-2 Legislative findings; purpose of chapter
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(a) The General Assembly finds that the public interest is served by maximum and prudent investment of idle public funds so that the need for taxes and other public revenues is decreased commensurately with the earnings on such investments. (b) The purpose of this chapter is to s…
O.C.G.A. § 36-83-3 Definitions
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As used in this chapter, the term: (1) ‘‘Depository institution’’ means any commercial bank or trust company, mutual savings bank, savings and loan association, or building and loan association existing under the laws of this state or of the United States and domiciled in this st…
O.C.G.A. § 36-83-4 Short title
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Legislative findings; purpose of chapter. Definitions. Authorized investments; delegation of investment authority to financial officer; objective of investment. Sec. 36-83-5. 36-83-6. 36-83-7. 36-83-8. Pledge of collateral from depository institutions.
O.C.G.A. § 36-83-5 Pledge of collateral from depository institutions
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Local governments shall require from a depository institution a pledge of collateral as provided in Chapter 8 of Title 45. History. — Ga. L. 1980, p. 1715, § 5. 36-83-6. Interfund pooling for investment purposes.
O.C.G.A. § 36-83-6 Interfund pooling for investment purposes
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(a) Local governments may effect and are encouraged to effect temporary transfers among separate funds, for the purpose of pooling amounts available for investment. (b) This pooling may be accomplished through interfund advances and other appropriate means consistent with recogni…
O.C.G.A. § 36-83-7 State technical assistance
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The State Depository Board, through the state treasurer, may assist local governments in developing effective cash management policies and in investing funds that are temporarily in excess of operating needs by: (1) Explaining investment opportunities provided by the local govern…
O.C.G.A. § 36-83-8 Local government investment pool
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(a) A local government investment pool is created, consisting of the aggregate of all funds from local governments and all funds from other bodies created for a public purpose which the State Depository Board has agreed to accept that are placed in the custody of the state for in…
O.C.G.A. § 36-85-1 Definitions
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As used in this chapter, the term: (1) ‘‘Administrator’’ means any person who administers a group self-insurance fund other than the interlocal risk management agency. (2) ‘‘Commissioner’’ means the Commissioner of Insurance. (3) ‘‘County’’ means any county of the State of Georgi…
O.C.G.A. § 36-85-10 Contracts between agency and administrator
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(a) If an agency contracts with an administrator, the agency and the administrator must enter into a written agreement which shall be subject to review and approval by the Commissioner in accordance with this Code section and which shall contain at least the following: 1349 36-85…
O.C.G.A. § 36-85-13 Exemption from state and local taxes and fees
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Interlocal risk management agencies and funds established by such agencies shall be exempt from state and local taxes and fees. History. — Code 1981, § 36-85-13, enacted by Ga. L. 1986, p. 1496, § 1. 36-85-14. Periodic examinations.
O.C.G.A. § 36-85-14 Periodic examinations
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The Commissioner shall have the authority to require and conduct periodic examinations to verify the solvency of funds in the same manner and under the same conditions as insurers are examined under Chapter 2 of Title 33. History. — Code 1981, § 36-85-14, enacted by Ga. L. 1986, …
O.C.G.A. § 36-85-15 Fund deficiencies; assessments upon members; liquidation of fund
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(a) If the assets of a fund are at any time insufficient to enable a fund to discharge its legal liabilities and other obligations and to maintain the reserves and surplus required of it under this chapter, the agency shall forthwith make up the deficiency or levy an assessment u…
O.C.G.A. § 36-85-16 Rules and regulations
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The Commissioner shall have authority to promulgate rules and regulations to effectuate the provisions of this chapter. History. — Code 1981, § 36-85-16, enacted by Ga. L. 1986, p. 1496, § 1. 36-85-17. Hearings.
O.C.G.A. § 36-85-17 Hearings
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Any party which is aggrieved by any act, determination, order, or any other action of the Commissioner taken pursuant to this chapter may request a hearing before the Commissioner or otherwise proceed in accordance with Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedu…
O.C.G.A. § 36-85-18 Excess loss funding program required
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(a) An interlocal risk management agency shall maintain at all times an excess loss funding program acceptable to the Commissioner. An excess loss funding program may consist of excess insurance, self-funding from unobligated surplus of a fund, any combination of the foregoing, o…
O.C.G.A. § 36-85-19 Audits of funds
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Each fund established under this chapter shall have an annual audit of its books and accounts performed by a certified public accountant. Such audit shall be conducted in accordance with generally accepted accounting principles. A copy of such audit shall be made available to fun…
O.C.G.A. § 36-85-2 Definitions
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Formation; functions; counties and municipalities as separate classes; agreements creating agencies; files of administrator are sole property of agency. 36-85-3. Board of trustees.
O.C.G.A. § 36-85-3 Board of trustees
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Each intergovernmental contract establishing an intergovernmental risk management agency shall provide for a board of trustees which shall govern the agency. Such board shall be authorized to administer the agency in accordance with the provisions of the intergovernmental contrac…
O.C.G.A. § 36-85-4 Agency not an insurer
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An interlocal risk management agency created pursuant to this chapter is not an insurance company or an insurer under Title 33, and the development and administration by such agency of one or more group self-insurance funds shall not constitute doing business as an insurer. Histo…
O.C.G.A. § 36-85-5 Certificate of authority; application
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(a) No interlocal risk management agency shall establish a group self-insurance fund or funds until such agency has been issued a certificate of authority by the Commissioner of Insurance as provided in this Code section and under such rules and regulations as the Commissioner ma…
O.C.G.A. § 36-85-6 Approval of certificate; renewal
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(a) The Commissioner shall examine the application made under Code Section 36-85-5 to determine whether the agency and any established fund will be able to comply with this chapter and applicable rules and regulations. If the Commissioner finds that the agency and any established…
O.C.G.A. § 36-85-7 Funds to be maintained
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Each fund formed pursuant to this chapter shall possess and thereafter maintain minimum surplus in an amount such as the Commissioner may reasonably establish or subsequently require for the protection of the members. The Commissioner may authorize a fund to maintain a deposit wi…
O.C.G.A. § 36-85-8 Investment of assets
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The investable assets of a fund may be invested in securities or other investments permitted by the laws of this state for the investment of assets constituting the legal reserves of property and casualty insurance companies or in such other securities or investments as the Commi…
O.C.G.A. § 36-85-9 Local government liability for funds
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Each county or municipality shall be jointly and severally liable for all legal obligations of a fund which arise out of an event which occurred while such county or municipality was a member of such fund; provided, however, that a fund shall not assume a risk greater than an amo…
O.C.G.A. § 36-86-1 Short title
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This chapter shall be known and may be cited as the ‘‘Local Government Efficiency Act.’’ History. — Code 1981, § 36-86-1, enacted by Ga. L. 1993, p. 1574, § 1. 36-86-2. Legislative findings and determinations; purpose.